V.P.Mathur - (1.) THESE three appeals arise out of the judgment and order passed by Mr. J. V. N. Jaiswal, the then Additional Sessions Judge, Saharanpur, on 31-8-1979. The learned Judge convicted Chandrabhan, Ramnath, Sureshpal and Jai Prakash Khanna, under Sections 161 and 120-B, IPC and Section 5 (2) of the Prevention of Corruption Act. He sentenced them on the first count to two years' rigorous imprisonment and a fine of Rs. 500/- each, and in default to undergo 3 months' rigorous imprisonment. On the second and third counts also they have been found guilty and each one of them has been convicted and awarded sentences of two years rigorous imprisonment under each count. All the sentences were, however, made to run concurrently.
(2.) THE appeal filed by Chandrabhan was numbered as criminal appeal no. 2782 of 1979. It appears that Chandra Bhan died during the pendency of the appeal and, therefore, the proceedings have abated. THE remaining three appeals were taken up together and arguments of the learned counsel in all were heard and this judgment shall govern all of them. The charge sheet was submitted only against Chandra Bhan to stand trial under Sec. 161 IPC and Sec. 5 (2) of the Prevention of Corruption Act. During the course of the trial when statement of Chandra Bhan was recorded on 22-11-1978, the learned Judge came to the conclusion that he was implicating Sri R. N. Bhatt, the then Assistant Sales Tax Officer, and Sarvsri Suresh Pal and Jai Prakash Khanna, the then Clerks in the Sales Tax Department, also, and, therefore, on the basis of an application moved by the State on 1.-1.-79 purporting to be under Section 190 (1) (c) CrPC the learned Sessions Judge took the cognizance of the case against R. N. Bhatt, Suresh Pal and Jai Prakash Khanna, vide order dated 2-1-1979 and they were also summoned. Their statements under Section 161, CrPC were recorded and then the case proceeded against all the four accused persons. The prosecution story was that a truck load of Chillis proceeded from Ambala between 3rd and 4th of January, 1978. The goods were owned by Nidan Singh and Yudhistra and M/s. Rajeshwar Prasad Rakesh Kumar. Two of the owners Nidan Singh and Yudhistra were on the truck. This truck reached the Sales Tax check-post, Sarsawa, district Sahranpur, at about 9.00 in the morning on 4-1-1978. The driver stopped the truck near the Check post, and after morning tea etc. were taken, Nidan Singh proceeded towards the office of the Sales Tax Check post alongwith necessary documents. It is contended that Chandra Bhan accused was posted as Peon at the Check post. He obtained the papers from Nidan Singh and telling the latter that he will return shortly entered the office. Nidan Singh accompanied Chandra Bhan inside the check post where Sri R. N. Bhatt, Assistant Sales Tax Officer and clerks Sri Sureshpal and Sri Jai Prakash Khanna were also present. Chandra Bhan again asked Nidan Singh to wait outside and upon this Nidan Singh came out. After sometime Chandra Bhan came out and told Nidan Singh that the valuation of the goods loaded in the truck has not been correctly shown. He said that the goods were worth more than the price that has been shown in the papers. He also said that if Nidan Singh paid Rs. 200/- by way of bribe, then Chandra Bhan will get the documents passed. Nidan Singh did not relish this idea and immediately came inside the office and told the three other accused, who were present there, that his papers were in order and, therefore, his truck should not be detained. Then Mr. Bbatt allegedly told him that he should pay Rs. 200/- if he wanted his truck to be passed. Nidan Singh's requests to the contrary were not heeded. Then Nidan Singh told Mr. Bhatt that since he had no ready money on his person, he was going to make arrangement for the same. Leaving the truck near the Barrier, both Nidan Singh and Yudhistra proceeded to Saharnpur at 11.00 in the morning on a bus. Then they went to the Assistant Commissioner Sales Tax, Saharanpur (Mr. P. L. Sharma) and met him at about 12 noon and told him about the entire occurrence. Mr. Sharma brought these persons to the office of Deputy Commissioner, Sales Tax where, again, the entire story was reiterated by Nidan Singh. Then the two officers brought Nidan Singh and Yudhistra to Sri Uma Kant, Additional District Magistrate, Saharanpur, and Nidan Singh got scribed out an application Ext. ka 1 from Yudhistra and handed it over to the Additional District Magistrate. The Additional District Magistrate Sri Uma Kant, then summoned Sri Mahak Singh, Vigilance Inspector PW 1 and directed him to lay a trap. The Inspector brought Nidan Singh and Yudhistra to the office of the Circle Officer City and at his request the Circle Officer City's reader and head constable Daya Ram accompanied the Inspector Sri Mahak Singh. Mr. Mahak Singh informed these persons about the trap that had to be laid down. Nidan Singh gave two currency notes of Rs.100/- each, bearing nos.AH/48-344483 and J. A. R. 087161 to Sri Mahak Singh. The numbers were noted down and the currency notes were initialled by Sri Mahak Singh. They are Ext. 1 and 2. Phenolphthalein powder was applied to these notes and then they were handed over to Nidan Singh. In handling these currency notes Nidan Singh's hand got effected and they were got washed in a solution of sodium corbonate, which turned its colour to light red. The solution was sealed in a bottle and memo Ext. ka 4 was prepared. Nidan Singh was then told to hand over these currency notes to the persons demanding the bribe, Then the party proceeded towards Sarsawa on a Jeep. At the out skirt of the town the Jeep was left. Then the raiding party reached Sarsawa bus stand. From there Nidan Singh was sent to Sales Tax check post. The other members of the party followed and took their position by the side of the Sarsawa Check post Barrier. Meanwhile Nidan Singh went inside the office. Inside the office R. N. Bhatt, Sureshpal and Jai Prakash Khanna were present. They were told by Nidan Singh that they have already arranged for the sum of Rs. 200/- demanded by them and they should now leave his truck and they directed Nidan Singh to hand over the money to Chandra Bhan and Chandra Bhan was called inside the office and told to obtain Rs. 200/- and leave the truck.
(3.) IN this manner Nidan Singh and Chandra Bhan came out near the truck and Chandra Bhan asked for the payment of Rs. 200/- as he had got the work done. The currency rotes mentioned earlier were brought out by Nidan Singh, (wrapped in a piece of paper), and given to Chandra Bhan, who obtained them in his left hand. Immediately the raiding party arrived at the scene and Chandra Bhan was taken into custody. A search was made and the currency notes were recovered from his left hand. Mr. Mahak Singh found them to be the same currency notes which had been given for the trap purpose. Chandra Bhan's hands were got washed in the solution of Sodium corbonate. The colour changed to light red. The solution was sealed in a bottle and its memo Ext. ka 5 was prepared. Then the FIR was lodged at the police out-post and currency notes were also handed over there. Mr. Om Prakash Tyagi, another Vigilance Inspector of Meerut Sector, carried out the investigation.;